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随着市场经济体制的逐步建立和完善,企业产权制度改革备受社会各界关注,成为当前政府工作的重点和难点,审理企业改制案件也成为各级法院的重点工作之一。由于目前规范企业改制的法律法规并不完善,法律原则在企业改制案件审理中的作用凸显。本文试图结合企业改制案件审判实践,总结审理企业改制案件应把握的法律原则及具体适用,以期对企业改制案件的审理有所裨益。
With the gradual establishment and improvement of the market economy system, the reform of the property rights system has drawn much attention from all sectors of society and has become the focus and difficulty of the current government work. Trial of enterprise restructuring cases has also become one of the key tasks of courts at all levels. Due to the imperfect laws and regulations regulating enterprise restructuring, the legal principle plays an important role in the trial of enterprise restructuring cases. This article attempts to combine the trial practice of restructuring cases in enterprises and summarizes the legal principles and specific application of the trial of restructuring cases in order to benefit the trial of restructuring cases.